Rothschild Continues Exodus from Texas as Venue Challenges Disrupt Litigation Strategy in the Eastern District

July 29, 2017

Inventor Leigh M. Rothschild has continued his streak of conceding to venue challenges in Texas, less than a year after largely consolidating his litigation in that state. On July 18 and 24, dockets were opened in the Central District of California and Delaware, respectively, for the cases against ShopStyle (1:17-cv-00978) and Clique Media (2:17-cv-05463) brought by the Rothschild-controlled Product Association Technologies, LLC after the defendants filed motions to dismiss due to improper venue in the Eastern District of Texas cases against them (2:17-cv-00270, 2:17-cv-00265). Product Association also dismissed cases against IAC Search & Media (2:17-cv-00269) and Verizon (Altaba (f/k/a Yahoo), Polyvore, Yahoo Holding) (2:17-cv-00272, 2:17-cv-00268) with prejudice on July 20 after the defendants filed motions to dismiss for improper venue or, in the alternative, to dismiss due to the alleged invalidity of the asserted patent (6,154,738) under Alice. Each of those virtually identical motions was filed on June 26 and alleged that the ‘738 patent is impermissibly directed to the abstract idea of “locating and sending product information in response to a request”.

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